Ex parte BENZARIA - Page 8




          Appeal No. 94-4150                                                          
          Application 07/911,354                                                      


               Because the here rejected claims fail to distinguish over              
          Mitchell in any of the ways argued by the appellant, we will                
          sustain the examiner’s § 102 and § 103 rejections based on                  
          Mitchell of independent claim 17 and claims 5, 8, 23 and 24 which           
          depend therefrom.                                                           

                                       SUMMARY                                        
               The decision of the examiner is affirmed-in-part.                      





               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 


                                  AFFIRMED-IN-PART                                    





                                                       )                              
                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              

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